Avenal Municipal Code Ch. 10.14 Final Maps and Parcel Maps

Sections:

• 10.14.010
• Purpose.
• 10.14.020
• Timing.
• 10.14.030
• Preparation and Form of Final Map or Parcel Map.
• 10.14.040
• Certificates and Statements of Final Map or Parcel Map.
• 10.14.050
• Survey of Final Map or Parcel Map.
• 10.14.060
• Filing of Final Map or Parcel Map.
• 10.14.070
• City Engineer’s Review.
• 10.14.080
• Planning Director’s Review.
• 10.14.090
• Approval of Final Map or Parcel Map, Execution of Subdivision Agreement,
• and Acceptance of Dedication.
• 10.14.100
• Multiple Final Maps or Parcel Maps.
• 10.14.110
• Separate Dedications.
• 10.14.120
• Waiver of Parcel Map.

The purpose of this Chapter is to establish the process for preparing, reviewing, and approving final maps and parcel maps.

Within 24 months of the date of approval or conditional approval of the tentative map, or within any further time period for which an extension has been granted or made as a matter of law, the subdivider may cause the proposed subdivision or any part thereof to be surveyed and a final map or parcel map to be prepared and recorded in accordance with the provisions of this Title and the Subdivision Map Act.

A. Preparation of Final Map or Parcel Map: The final map or parcel map shall be prepared by or under the direction of a licensed land surveyor or registered civil engineer authorized to practice land surveying, shall be based upon a survey, in the manner required by this Chapter and the Subdivision Map Act. Three (3) draft copies shall be submitted to the city for review by the planning director, public works director, and city engineer for their accuracy prior to calling for final mylar versions for recording. B. Final Map or Parcel Map Description and Contents:

1. Description:

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June 2023 a. The final map or parcel map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on mylar. Certificates, affidavits, and acknowledgments may be legibly stamped or printed on the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. b. The size of each sheet shall be 18 inches by 26 inches or 460 millimeters by 660 millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch or 25 millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication, and seals required by law and by this Chapter shall appear on the first sheet and may be combined where appropriate. 2. Information Required: a. Index and Location Map: (1) If more than two (2) sheets are used to show the actual layout of the streets and lots, an index map shall be used showing the relationship of the sheets. (2) A location map shall appear on the map, showing the relative position of the land to be subdivided with the surrounding existing subdivisions with their recorded map reference, including their names and tract numbers. The location map shall show city boundaries crossing or adjoining the subdivision. b. Subdivision Name; Exterior Boundaries: The subdivision name, if one is used, and the tract number shall conspicuously appear on each sheet of the final map or parcel map. On the first sheet, there shall be a full legal description of the exterior boundaries of the area subdivided and an abbreviated legal description shall be shown below the name of the final map or parcel map. The exterior boundary of the land to be divided shall be indicated by a border one-eighth (1/8) of an inch in width. c. Lots And Blocks: Each lot shall be numbered or lettered consecutively beginning with lot number 1; except that when the final map or parcel map is an additional phase of an existing subdivision, the lot numbers shall commence with the next number higher than in the preceding phase. The area of each lot shall be shown on the final map or parcel map. Blocks, if used, shall be consecutively lettered or numbered. Each block and each parcel shall be shown completely on one sheet. d. Public Dedications: The final map or parcel map shall show the width, location, and proper reference to record information shall be stated and named without abbreviation or other sufficient designation of the following: (1) New streets. (2) Public areas and easements.

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June 2023 (3) Adjoining streets. (4) All other existing streets, easements, rights of way, and other real property interests to be dedicated for public purposes. e. Technical Information: (1) The dimensions of all lot lines, subdivision perimeter, and centerline of streets shall be in feet and decimals thereof to the nearest one-hundredth (1/100) of a foot and bearings to the nearest second. If a course is a curve, the radius, length of curve or bearing and length of chord, and central angle shall be shown. If the ends of a curve are not tangent to the preceding or following courses and the chord along with its bearing and length are not shown, the radial of the end of the curve, with its bearing, shall be shown. (2) All required information shall be shown in full for all portions of the map. No ditto marks shall be used with respect to any required information. (3) The width of each street right of way shall be shown indicating the widths on each side of the centerline. If additional right of way for an existing street is offered for dedication, the original right of way and the additional right of way width offered for dedication shall be shown along with the total width of the new right of way. f. Record of Easements: The final map or parcel map shall show the location, width, and sidelines of all easements to which the lots are subject. Easements for storm drains, sewers, and other purposes shall be denoted by broken lines. Each easement shall be clearly labeled and identified, and if already of record, proper reference to the record information shall be stated. Easements being offered for dedication shall be indicated in the statement of dedication. g. Abandonment of Public Streets and Easements: The final map or parcel map shall adequately delineate any public streets or public easements to be left in effect after the subdivision. The filing of the final map or parcel map shall constitute abandonment of all public streets and public easements not shown on the final map or parcel map, provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the city clerk. Before a public easement vested in another public entity may be abandoned pursuant to this subsection, the city shall notify that public entity of the proposed abandonment. The city shall submit with the final map or parcel map written verification that the public entity has received the notice. No public easement vested in another public entity shall be abandoned pursuant to this subsection if that public entity objects to the proposed abandonment. Off-site abandonments shall follow the procedures for abandonment established in Chapter 3 of Division 9 of the Streets And Highways Code, commencing with Section 8320.

The title sheet of the final map or parcel map shall contain those certificates required by the Subdivision Map Act. It shall also contain any other certificates and statements as outlined below.

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June 2023 A. Owner’s Statement: Subject to Section 66436 of the Subdivision Map Act, a statement signed by all parties having record title interest in the land subdivided, consenting to the preparation and recordation of the map and dedication to the public, subject to Section 66439(d), of specific parcels or easements in a format determined by the City Engineer or City Surveyor and the Planning Director. B. Engineer’s or Surveyor’s Statement: A statement signed by the engineer or surveyor responsible for preparation of the final map or parcel map, as provided in Section 66441 of the Subdivision Map Act in a format determined by the City Engineer or City Surveyor and the Planning Director. C. City Engineer’s and City Surveyor’s Statements: A statement, signed and sealed by the city engineer and city surveyor (as required by Section 66442 of the Subdivision Map Act), that the map was examined by him and the subdivision as shown is substantially the same as it appeared on the approved tentative map and, if required, any approved alterations thereof, and that all the provisions of the Subdivision Map Act and any local ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct, in a format determined by the City Engineer or City Surveyor and the Planning Director. D. Tax Collector’s Statement: A statement signed by the county tax collector, stating that all due taxes and special assessments collected as taxes have been paid or that a bond or other security assuring the payment of all taxes or special assessments collected as taxes which are liens but are not yet payable, has been filed with the county, in a format determined by the City Engineer or City Surveyor and the Planning Director. E. Approving Authority’s Statement: A statement signed by the secretary or clerk of the designated approving authority, indicating the date of the meeting on which the tentative map was approved and a reference to the resolution approving the tentative map, in a format determined by the City Engineer or City Surveyor and the Planning Director. F. City Clerk’s Statement: If any real property is offered for dedication for public use on the final map or parcel map or by a separate instrument, a statement signed by the city clerk shall be provided on the final map or parcel map stating that the city council approved the map and accepted, accepted subject to improvement, or rejected on behalf of the public the real property offered for dedication, in a format determined by the City Engineer or City Surveyor and the Planning Director. G. Recorder’s Certificate: The following certificate shall be located in the lower right corner of the first certificate sheet and shall be completed by the county recorder upon recordation of the final map or parcel map in a format determined by the City Engineer or City Surveyor and the Planning Director. H. Restrictions Statement: Any previously existing nonstandard easements or documents that restrict the use of the land recorded previously or concurrently with the map must be listed in the restrictions section of the cover page with recording date, document number, and county of record. Pursuant to Section 66411.1 of the Subdivision Map Act, any requirements for the construction of off-site and on-site improvements shall be noticed on the face of the map.

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June 2023 I. Owners of Interest Statement: If necessary, a statement shall be included on final maps and parcel maps if the owners will not have an interest that may ripen into a fee title in a format determined by the City Engineer or City Surveyor and the Planning Director. J. Notary Public Certificate: Where certificates or statements required by this Section or the Subdivision Map Act require a notary public certificate per Civil Code 1189, the following certificate shall be used in a format determined by the City Engineer or City Surveyor and the Planning Director.

A complete and accurate survey of the land to be subdivided shall be made by a licensed land surveyor or registered civil engineer authorized to practice land surveying in accordance with the provisions of Chapter 10.32, “Survey and Monuments”, of this Title.

The subdivider shall cause all certificates and statements to be executed except those to be executed by the city engineer, city surveyor, city clerk, planning commission, tax collector, and county recorder, and shall file the following with the planning director: A. Four (4) copies of the final map or parcel map, each conforming to the requirements of Section 10.14.030, “Preparation And Form of Final Map Or Parcel Map”, of this Title. B. Copy of approved tentative map and conditions of approval. C. Closure calculations and other survey information. D. A current preliminary title report pertaining to the real property proposed to be subdivided. The title report shall be dated not more than ninety (90) days prior to the submittal of the final map or parcel map application. E. A title guarantee by a qualified title company, for the benefit of the city, certifying that the signatures of all persons whose consent is necessary to pass clear title to the land and all acknowledgments appear on the proper certificates and are correctly shown on the map and affidavits to dedication. F. Copies of record maps and record documents used as reference map submitted. G. Draft copies of any off-site easements or rights of way required. H. Improvement plans, and engineer’s cost estimate for such, when applicable as outlined in Section 10.36.020, “Improvement Requirements And Plans”, of this Title. I. The application review fee as established by resolution of the city council.

Upon submittal of the final map or parcel map and accompanying documents, offers of dedication, offers of deed, offers of easement, fees, and materials for filing, the city engineer shall cause the same to be examined, and if found to be in substantial conformity with the approved tentative map and all amendments, conditions, modifications, and provisions made or required by the designated approving authority, and if found to be complete, technically correct, in conformity with improvement plans and specifications, and in compliance with the requirements of these

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June 2023 regulations, planned street lines, and other applicable specific plans and ordinance, shall forward the same to the planning director for review and further action. Should the map or other accompanying documents, fees, or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised in writing, by mail, of the changes or additions that must be made before the map may be certified. If the defect is the result of a technical and inadvertent error which, in the opinion of the city engineer, does not materially affect the validity of the map, the city engineer may waive the defect and forward it to the city council. The city engineer may recommend against approval of the recording a portion of a final map or parcel map when, in the process of checking the final map or parcel map, he determines that said portion does not by itself provide adequate or satisfactory access, design, or improvements and therefore does not conform to the design and improvement of the subdivision as indicated by the approved tentative map, if applicable.

The planning director shall review the final map or parcel map to determine its compliance with the approved tentative map and the conditions of approval imposed by the designated approving authority. If the director determines that the final map or parcel map is in compliance with the approved tentative map, that all conditions of approval have been met or performed, and that the final map or parcel map has been recommended for approval by the city engineer, the director shall present it to the council with his or her recommendation. If a subdivision improvement agreement is proposed, it shall be presented to the council in the same meeting as the final map or parcel map.

Acceptance of Dedication. A. Generally: The city engineer shall execute the city engineer’s certificate on the final map or parcel map before forwarding it to the city council for their acceptance. The city council shall consider the final map or parcel map and any associated offers of dedication, deed, and easement at the meeting at which it receives the final map or parcel map or at its next regular meeting after the meeting at which it receives the final map or parcel map. The city council shall review the final map or parcel map and approve it if it conforms to the approved or conditionally approved tentative map and if all requirements and conditions imposed on the subdivision pursuant to this Title or the Subdivision Map Act have been met or performed. If the final map or parcel map does not conform, the city council shall disapprove the map. The city council shall also accept, accept subject to improvement, or reject any or all offers of dedication in conformance with the approvals for the tentative map and the provisions of this Title and the Subdivision Map Act. If improvements required under the terms of this Title or as a condition of approval have not been completed, the city council shall provide for such improvements by approving a subdivision improvement agreement. No final map or parcel map shall be certified until the required improvements have been installed or agreed to be installed in accordance with Chapter 10.36, “Improvements”, of this Title, and appropriate surety has been provided to the satisfaction of the city. The city manager is authorized to execute subdivision improvement

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June 2023 agreements, as permitted by Section 66462(d) of the Subdivision Map Act, in accordance with the city’s standard subdivision agreement. No public hearing shall be required, and no public notice shall be required for review, consideration, and action by the city council on a final map or parcel map, offers of dedication, deed, easement, or improvement agreement. As permitted by Section 66458(d) of the Subdivision Map Act, the city may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map. B. Determinations for Condominium Conversions: No final map or final parcel map for a condominium conversion shall be approved unless all the following determinations are made:

1. Each existing tenant has received notification of intent to convert, pursuant to subsection 10.10.040.D of this Title and Section 66452.9 of the Subdivision Map Act, at least 60 days prior to the filing of the tentative map or tentative parcel map.
2. Each existing tenant and each person applying for rental of a unit in the project has or will have, received all applicable notices and rights required by Chapter 2 or 3 of the Subdivision Map Act.
3. Each tenant has or will have received 10 days’ written notice that an application for a public report will be, or has been, submitted to the California department of real estate and that such report will be available on request.
4. Each tenant of the proposed condominium conversion has been or will be, given written notification within 10 days of approval of a final map.
5. Each tenant has been or will be, given at least 180 days’ written notice of intention to convert before tenancy is terminated due to the conversion or proposed conversion.
6. Each tenant has been or will be, given notice of an exclusive right, pursuant to Section 66427.1(d) of the Subdivision Map Act, to contract for the purchase of such tenant’s unit on the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant.

Multiple final maps or parcel maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if: a) the subdivider, at the time the tentative map is filed, informs the planning director of the subdivider’s intention to file multiple final maps or parcel maps on such tentative map, or b) after filing of the tentative map, the city and the subdivider concur in the filing of multiple final maps or parcel maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps or parcel maps. The filing of a final map or parcel map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map. Each final map or parcel map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision phase number. Unless specific timing thresholds are set forth in the

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June 2023 conditions of approval, the city engineer and planning director shall determine the improvements required and conditions that must be satisfied in conjunction with a given final map or parcel map phase to ensure a logical and orderly development of the whole subdivision. The subdivision improvement agreement executed by the subdivider for that map phase shall provide for the design and construction of all such required improvements.

When completed outside of a dedication on a map, dedications may be required to be made by separate instrument with fees paid to cover the cost of processing. After receiving the instrument of dedication and accompanying title report, the city engineer shall approve or disapprove the instrument of dedication as to its suitability for recordation, specifically including a cover sheet, legal description, and map in eight-and-one-half-inch by eleven-inch (81/2” x 11”) format. After approving an offer to dedicate, the city engineer shall notify the planning director to request original signed and notarized document(s) with the applicant’s land surveyor’s or registered civil engineer authorized to practice land surveying original seal. Offer of dedication shall be brought to the city council for consideration of acceptance or acknowledgment for later acceptance.

Where a parcel map is required by the Subdivision Map Act or this Title, but the subdivider seeks to waive this requirement, the following procedures shall apply: A. Waiver of Parcel Maps Generally: The planning director shall be the designated approving authority for the waiver of the requirements for the recordation of a parcel map. Such a waiver may be provided in any case when the land being divided consists of a lot or parcels shown on a recorded parcel map or final subdivision map and the full street improvements have been constructed or monumentation is evident, or where each of the lots has a gross acreage of forty (40) acres or more or each of which is a quarter-quarter section or larger. The designated approving authority may grant the waiver and will issue a certificate of compliance if:

1. The subdivider files an application with the planning director, including any fees required, verifying the existence of monumentation in the installation of street improvements.
2. The application contains a legal description for each of the lots to be created.
3. The designated approving authority finds that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title. B. Waiver of Parcel Maps for Condominiums:
4. The planning director may waive the requirements for a final parcel map imposed by the Subdivision Map Act for the construction of a condominium project on a single lawful parcel.
5. The procedure for determining whether such a waiver for a condominium is appropriate shall be initiated by an application for waiver filed with the planning director.

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June 2023 3. The application shall contain a legal description for the single lawful parcel and a description of the proposed condominium project. 4. The designated approving authority shall make a determination on the waiver request after review and recommendation by the public works director and city engineer. 5. If an application for waiver on a residential condominium project is filed contemporaneously with an application to adopt or amend a specific plan, then the application for waiver shall be first considered by the planning commission at a public hearing. After this hearing, the planning commission shall provide a written recommendation to the city council, which shall make the final determination on the application. 6. No applications for a waiver of the requirement for a tentative or parcel map for the construction of a condominium project on a single lawful parcel shall be granted unless it is found that the proposed division of land complies with the requirements of the Subdivision Map Act and this ordinance as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and this ordinance.

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June 2023